1 2025:CGHC:55378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9132 of 2025 1 - Jagdish Shriwas S/o Late Shri Makhanlal Shriwas Aged About 45 Years R/o Budginha Para, Anidkachhar, P.S. Hardibazar, District- Korba (C.G.) 2 - Sanju Shriwas S/o Late Raghuveer Shriwas Aged About 31 Years R/o Budginha Para, Anidkachhar, P.S. Hardibazar, District- Korba (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Hardibazar. District- Korba (C.G.) ... Respondent For Applicants : Shri Ashish Gangwani, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.160/2025 registered at Police Station Hardibazar, District- Korba (C.G.) for the offence punishable under Sections 115(2), 296, 351(3), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.14 15:00:32 +0530 2 118(2), 3(5), and 191(2) of Bhartiya Nyaya Sanhita, 2023 (as per Charge sheet). 2. Case of the prosecution, in brief, is that on 01.09.2025 at about 5:00 PM, complainant Shyam Prasad Bhardwaj of Village Andi Kachar, P.S. Hardibazar, District Korba, was near the village pond when the applicants along with 3 other co-accused obstructed his way while proceeding for Ganesh Visarjan preparations. When asked to give way, they abused the complainant in filthy language, threatened to kill him, and assaulted him and Aniket Bhardwaj with fists and blows. On receiving information, complainant's father Brijram Bhardwaj, who is physically weak and walks with a stick, reached the spot. The accused persons again abused and assaulted him. During investigation, the wooden stick was seized and sufficient evidence was found. Accordingly, offences under Sections 118(2), 191(2), 296, 3(5), 115(2), and 351(3) BNS were registered. The accused were arrested on 03.10.2025, and charge-sheet has been filed. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to a long-standing personal dispute between the parties of the same village and the allegations leveled against them are exaggerated and omnibus in nature without any specific overt act attributed to either of the applicants. He would submit that the role of the present applicants is not of a major or active nature and no specific allegation of assault or causing grievous injury has been made against them in the entire prosecution story. He would submit that co-accused persons namely Jaiprakash Shriwas & Kamlesh Shriwas have been granted bail by this 3 Court in MCRC No. 8888 of 2025 on 07.11.2025 and co-accused person namely Surendra Shriwas has been granted bail by this Court in MCRC No. 8809 of 2025 on 06.11.2025. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 3/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. Learned State Counsel do not dispute the fact that co-accused persons namely Jaiprakash Shriwas & Kamlesh Shriwas have been granted bail by this Court in MCRC No. 8888 of 2025 on 07.11.2025 and co- accused person namely Surendra Shriwas has been granted bail by this Court in MCRC No. 8809 of 2025 on 06.11.2025. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, further the fact that co-accused persons namely Jaiprakash Shriwas & Kamlesh Shriwas have been granted bail by this Court in MCRC No. 8888 of 2025 on 07.11.2025 and co-accused person namely Surendra Shriwas has been granted bail by this Court in MCRC No. 8809 of 2025 on 06.11.2025, period of detention of the applicants since 3/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Jagdish Shriwas & Sanju Shriwas, involved in Crime No.160/2025 registered at Police Station Hardibazar, District- Korba 4 (C.G.) for the offence punishable under Sections 115(2), 296, 351(3), 118(2), 3(5), and 191(2) of Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall 5 be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri